Common use of Reinstatement and Termination Clause in Contracts

Reinstatement and Termination. 5.6.1 If and whenever the Premises or any part of them are damaged or destroyed by one or more of the Insured Risks and payment of the insurance money is not wholly or partly refused because of any act or default of the Tenant or anyone at the Premises expressly or by implication with his authority and under his control, the Landlord must use reasonable endeavours to obtain the planning permissions or other permits and consents (“permissions”) that are required under the Planning Acts or otherwise to enable him to rebuild and reinstate the Premises 5.6.2 Subject to the provisions of clause 5.6.3 and, if any permissions are required, after they have been obtained, the Landlord must as soon as reasonably practicable apply all money received in respect of the insurance, except sums in respect of loss of the Rent, in rebuilding or reinstating the Premises 5.6.3 The Landlord need not rebuild or reinstate the Premises if and for so long as rebuilding or reinstatement is prevented because- 5.6.3.1 the Landlord, despite using reasonable endeavours, cannot obtain any necessary permission, 5.6.3.2 any permission is granted subject to a lawful condition with which in all the circumstances it is unreasonable to expect the Landlord to comply, 5.6.3.3 there is some defect or deficiency in the site on which the rebuilding or reinstatement is to take place that means it can only be undertaken at a cost that is unreasonable in all the circumstances, 5.6.3.4 the Landlord is unable to obtain access to the site to rebuild or reinstate, 5.6.3.5 the rebuilding or reinstating is prevented by war, act of God, government action, strike or lock-out, or because of the occurrence of any other circumstances beyond the Landlord’s control 5.6.4 If, at the end of the period of 3 years commencing on the date of the damage or destruction, the Premises are still not fit for the Tenant’s occupation and use, either the Landlord or the Tenant may by notice served at any time within 6 months of the end of that period (“a notice to terminate following failure to reinstate”) implement the provision of clause 5.6.5 5.6.5 On service of a notice to terminate following failure to reinstate, the Term is to cease absolutely – but without prejudice to any rights or remedies that may have accrued –and all money received in respect of the insurance effected by the Landlord pursuant to this Lease is to belong to the Landlord absolutely